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I've keep hearing about DMCA and DMCA Notices... Does anyone know if these are actually used in practice?
Registered: 1187473380 Posts: 140
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Originally Posted by
walterallen I've keep hearing about DMCA and DMCA Notices... Does anyone know if these are actually used in practice? In theory, you would sue the infringer, using the DMCA as the statute under which action is brought, and according to which judgement (in your favor) is sought. In practice, you would send the infringer's web host a DMCA "notice", containing all the information required by the DMCA to be provided to said host. Once the host receives this information (so ignorance is no longer an excuse), the DMCA requires (of American hosts) that the (allegedly) infringing material be taken down. If the infringer wants, he can file a counter-notice, but he would have to provide evidence backing up his claim. This is fairly hard to do if you material is in the Internet Archive from, say, five years before he went online; your files are server-dated with different time-stamps over a period of months or years, whereas all of his have the exact same time-stamp from last week; and your copyright notice is still in "his" code. In other words, the DMCA thing works a whole lot better (in practice) when you can easily back it up. So put your copyright notice in hidden text in your pages and in the HTML, get yourself in the Archive, and file for your copyright registration (which some hosts are starting to require before taking you seriously). Once you've got the "back-up", file a DMCA "notice" with the hosts of any infringers you find. In my experience, the infringements (if hosted in the USA) come down inside a week, and often same-day. This is just my experience, of course; "your mileage may vary". Eliz.